S1177 — An Act protecting titles to real estate in Massachusetts

Summary

An Act protecting titles to real estate in Massachusetts

Bill Text

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• Chapter 222, Section 8

  Failure to comply with this section shall not affect the validity of any instrument or the record thereof → Failure to comply with this section shall not affect the validity of any instrument

  This change removes the clause stating that failure to comply does not affect the validity of the record.

• Chapter 222, Section 20(b)

  (b) Except as may be required by the Office of the Secretary of the Commonwealth for the issuance of an apostille, or as may be required by a register of deeds for the purpose of recordation or registration, and provided the form of acknowledgement, jurat, signature witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183: (i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document; (ii) failure of a document to contain the forms of acknowledgement, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, or acceptance by a third party; and (iii) failure of a document executed in a representative capacity to contain an acknowledgement that the instrument was also the voluntary or free act and deed of the principal or guarantor shall not affect the validity of the underlying document. → (b) Except as may be required by the Office of the Secretary of the Commonwealth for the issuance of an apostille, or as may be required by a register of deeds for the purpose of recordation or registration, and provided the form of acknowledgement, jurat, signature witnessing, or copy certification otherwise is substantially similar in legal meaning and effect to the texts of the several such forms set forth in this chapter or in the appendix to Chapter 183: (i) failure of a document to contain the forms of acknowledgment, jurat, signature witnessing or copy certification set forth in section 15 or otherwise to comply with the requirements set forth in sections 8 to 23, inclusive, shall not have any effect on the validity of the underlying document; (ii) failure of a document to contain the forms of acknowledgement, jurat, signature witnessing or copy certification set forth in said section 15 shall not be the basis of a refusal to accept the document for filing, or acceptance by a third party; and (iii) failure of a document executed in a representative capacity to contain an acknowledgement that the instrument was also the voluntary or free act and deed of the principal or guarantor shall not affect the validity of the underlying document.

  This change specifies that certain failures related to documents do not affect their validity under specific conditions.

Sponsors

• Paul W. Mark · Primary

Subjects